Quote:
Originally Posted by mydallas1
I heard posting a beware of dog sign can be acknowledging ones dog is dangerous. Also, because of that, it might cause issues if the dogs bite.
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That's not the clearest statement I've ever read, but I think you're saying if you post a 'Beware of Dog' sign and the dog bites someone, the victim can't recover damages from the dog owner. I don't know about other states, but that's not the law in Texas. The defense is called 'assumption of the risk,' and there's no such defense in Texas to a negligence claim. Texas is a 'comparative negligence' state, meaning the finder of fact is permitted to attribute percentages of fault to the parties. For example, if the jury awards a dog bite victim $10,000 but states the plaintiff was 10% responsible for his injury, the award is reduced by 10%. The plaintiff's degree of fault must be less than 50% to recover. The factfinder could be allowed to consider the effect of a 'Beware of Dog' sign, but such a sign is far from a slam-dunk defense.
I don't think a disclaimer in a provider ad or profile is comparable. Such disclaimers have no legal effect and, as I've written before, using one as a defense at trial risks pissing off the factfinder because you'd basically be calling the factfinder an idiot.